People v. Campbell

Summary

The Appellate Division, Fourth Department unanimously affirmed a judgment convicting Kenneth J. Campbell, upon his guilty plea, of criminal possession of a firearm. The court held that the defendant's challenge to an enhanced sentence was unpreserved, that the record showed a sufficient inquiry into the alleged plea-term violation, and that the defendant knowingly and voluntarily waived his right to appeal, including challenges to the severity of the enhanced sentence.

Holdings

1. Defendant's challenge to the enhanced sentence was unpreserved because he failed to object to the sentence, move to withdraw his plea, or move to vacate the judgment on that ground, and his appellate arguments were not readily discernible from the sentencing transcript.
2. County Court had no duty to conduct a further inquiry because defendant neither challenged the validity of the postplea charges nor denied involvement in the underlying crimes, and defense counsel conceded that an enhanced sentence could be imposed. In any event, the court conducted a sufficient inquiry by giving defendant and counsel ample opportunity to refute the allegations.
3. Defendant knowingly, voluntarily, and intelligently waived his right to appeal.
4. The valid appeal waiver encompassed defendant's challenge to the severity of the enhanced sentence because the court advised him of the maximum sentence that could be imposed if he violated the plea agreement.

Questions Presented

1. Whether defendant preserved his challenge to the enhanced sentence allegedly imposed after a violation of the plea agreement.
2. Whether County Court had a duty to conduct a further inquiry into the alleged plea-agreement violation.
3. Whether defendant knowingly, voluntarily, and intelligently waived his right to appeal.
4. Whether the appeal waiver encompassed defendant's challenge to the severity of the enhanced sentence.

Disposition

affirmed